WSR 16-01-103

PREPROPOSAL STATEMENT OF INQUIRY

[Filed December 16, 2015, 1:08 p.m.]

Subject of Possible Rule Making: Chapter 246-790 WAC, Special supplemental nutrition program for women, infants, and children (WIC) participant compliance. The department of health (department) is considering establishing new sections and amending existing rules as necessary to support the department's compliance with federal obligations by establishing: WIC participant rights and responsibilities, program violations, sanctions for program violations, and hearing and appeals processes.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.70.120.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rule making may be needed to enforce WIC federal nutrition program requirements. It will provide the program authority to assess violations and apply participant sanctions, as required by C.F.R. The intent of the rule making is to reduce the incidence of fraud. This rule will inform policies, procedures, and contract terms.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: USDA special supplemental nutrition program for WIC; DSHS supplemental nutrition assistance program electronic benefits transfer program; DSHS temporary assistance for needy families program. The department will collaborate and share information with agencies listed above.

Process for Developing New Rule: Collaborative.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The department will use existing listserv and other known contact information to inform stakeholders of opportunities to provide input on proposed rule language. To be included on an interested parties list contact Margaret Hansen, (360) 236-3763, Margaret.Hansen@doh.wa.gov, or P.O. Box 47886, Olympia, WA 98504.

December 16, 2015

Dennis E. Worsham

Deputy Secretary

for John Wiesman, DrPH, MPH

Secretary